Can an employer change an employee’s title so as to pay less than time and a half for working overtime?

UPDATED: Oct 2, 2022

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Can an employer change an employee’s title so as to pay less than time and a half for working overtime?

I’m employed in CO and we have to do inventory on the 27th. We have been told that our individual titles will be changed to

Asked on September 17, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A title change does NOT exempt the employer from having to pay you overtime. All work you do for the same employer, regardless of what that work is or the title you do it under is counted together for overtime. 
However, note that in your state (CO), the law only requires overtime for working more than 12 hours in a single day (not 8) or more than 40 hours per workweek. (I have included a link below to a webpage put out by your state's dept. of labor about overtime.) If your employer was paying you overtime after 8 hours of work, it was voluntary for it to do so--the law didn't require it. That means they could choose to not pay you overtime after 8 hours, but only to pay it when the law requires (after 12 hours per day, or 40 hours per week).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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